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When is a Bar Guilty of Serving Too Much to Drink

Posted by on Nov 18, 2017 in Negligence, Personal Injury | 0 comments

A man goes to a bar, gets drunk, keeps drinking, wobbles outside, gets in his car, tries to drive home, and causes an accident. Who’s guilty?

The obvious answer is the man who did the drinking and driving, and that answer is, of course, right, but is he the only guilty party?

In some cases, the answer is no. In fact, the bar where the man was drinking may also be liable.

And not just bars, according to Goings Law Firm, LLC. Restaurants, nightclubs, and country clubs can also be found liable should they continue to serve someone after they are clearly drunk. In fact, even a private citizen can be found guilty if they served someone under the legal drinking age and that person went on to cause damage elsewhere.

While this law can seem controversial (some feel it is solely a matter of personal responsibility), the fact is that many states recognize that there is a burden of responsibility on anyone who is serving alcohol to make sure those being served are not too drunk.

What that means is that anyone who appears to have gone well over the legal limit should be cut off from alcohol and should be monitored to make sure they don’t drive. In practice, this can be tricky, especially in places like nightclubs, but the responsibility remains nonetheless.

The fact a bar can be found liable in no way exonerates the person who did the drinking and driving, but it can mean that the bar must pay damages to anyone or anything harmed after that person left the premises.

The key to this is negligence. It has to be proved that the person serving the drinks was negligent in continuing to serve alcohol to the inebriated person. What that means is it has to be proven that the bartender could clearly see the person had had too much and continued to serve them anyway.

This line is obviously somewhat subjective, although there are often clear cases where the person was extremely over the limit and continued to be served, making it easier to prove negligence. In 2011, a case was tried in New Jersey over a motorcyclist who had a .198 blood alcohol level, or about two and a half times the legal limit. In that case, there was a great deal of clear negligence since the drinker must have shown clear signs of inebriation while continuing to get service.

As mentioned before, the fact a bartender can get in trouble for doing their job can seem unreasonable to some, but it is important to remember that while a bartender is certainly kept busy, that does not mean they don’t have a responsibility. They are serving a drug, and like anyone who administers or sells drugs, there is a need to use care in dispensing them.

Considered in that way, it’s obvious that while the person drinking is still primarily responsible for there actions, some responsibility must also fall on those who had the ability to stop them and did not.

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What’s the Significance of an ISA Arborist Certification?

Posted by on Sep 6, 2017 in Health and Beauty | 0 comments

Your trees are works of art in your yard. As such you want to hire someone you can completely trust to take care of them. Like most other professions, there are some credentials that must be obtained before someone can come out and start inspecting and diagnosing the trees in front of your house. You might notice that any arborist worth their soil claims to have an ISA certification on their website. An ISA certification is the only way to know the arborist you hire knows their trees. So let’s go through what this particular certification means for you and your lawn.

Being certified through the International Society of Arboriculture (ISA) means that a particular arborist is thoroughly trained in the art and science of tree care. This includes planting, caring for, and maintaining each tree. The ISA is not a government entity and entirely voluntarily funded. This means that everyone involved is dedicated to the care and upkeep of trees and that this is their principal passion. The ISA certification culminates in a rigorous three and a half hour examination that can sink or swim any promising young arborist. They are tested on everything from soil management and tree biology to tree protection and risk management. This ensures that any arborist steps that step onto your lawn know everything that happens from the leaves to the roots. An ISA certified arborist, like the ones at this Austin tree care company, is essential for any kind of tree care because of the complex ecosystem. To maintain and have a continuing ISA certification, arborists must always be furthering their education through the system so they are up to date with the latest arboriculture techniques and strategies. Certified arborists by law cannot perform any acts that are industry-acceptable. This means that they are bound to the safest methods of tree care and risk management for you and your yard. They cannot remove excess live wood, using climbing spikes, or top a tree as they might damage the tree considerably. These rules help enforce the standard of professional work that the ISA upholds.

Making sure that the arborist you hire is ISA Certified is vital to having a healthy lawn. On the ISA’s website you can make sure any arborist is certified through their verification tool. This ensures that your trees receive quality service everytime. Having this certification is a badge of honor in the world of arboriculture. As a major part of nature trees need to be treated with respect. It’s the privilege of every arborist to keep a tree healthy and beautiful for years to come. When you hire a certified arborist you hire the principals of the ISA.

An ISA certified arborist is an arborist that you can trust. Tree maintenance is both an art and science and requires a special set of skills. Make sure that whoever is coming out to inspect and upkeep your yard is certified. You yard deserves the best.

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Materials that can Become Combustible under Specific Situations

Posted by on Jun 27, 2017 in Clean Air Solutions | 0 comments

One important task of the Occupational Safety and Health Administration (OSHA) is regulation harmful dusts, weld fumes and other airborne particulates in the workplace. This is in line with its mission, which is to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.

As explained in a website called RoboVent, OSHA’s authority comes out of its “General Duty Clause,” which says that employers shall furnish their employees employment and a place of employment which are free from recognized hazards that can causing or are likely to cause death or serious physical harm.  To ensure these, OSHA has set “permissible exposure limits” (PEL’s) for workers in facilities where airborne contaminants are an issue. These limits set the amount or volume of any type of substance workers can be exposed to over the course of their shift (usually 8 hours). Substances, which can be harmful to workers, include cadmium, hexavalent chromium, lead, nickel, and manganese, among others.

Harmful airborne metallic particulates, however, are not the concern of OSHA. There are also toxic fumes, like weld fume, and different types of dusts which, though may not be toxic, can nevertheless affect how workers perform their job. Sources of these dusts include process systems involving wood, paper, food and production of pharmaceutical products.

There is one type of dust that can cause great harm, however: combustible dust. There are many different kinds of materials that can become combustible under specific situations. A few of these materials include: metals such as aluminum, bronze, magnesium and zinc; chemical dusts, such as coal and sulphur; pharmaceuticals; pesticides; rubber; wood; textiles; plastics; and, agricultural products, such as egg whites, powdered milk, cornstarch, sugar, flour, grain, potato, and rice. Essentially, any type of workplace where dust is produced is potentially at risk, workplaces, like grain elevators, food production facilities, chemical manufacturing facilities, metal processing facilities, woodworking facilities, recycling facilities, and coal-fired power plants.

To avoid risks of explosion in facilities where dust is generated, employers will need to implement serious air quality controls, such as by using dust collectors. An efficient and effective dust and fume collection system will not only help prevent accidental explosions due to combustible dusts; it will also enable manufacturers to comply with the air quality requirements set by OSHA and other air quality regulations.

 

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If it were not for Someone Else’s Negligent Behavior, You would not have been in a Serious Wreck and would not have Sustained Injuries

Posted by on Apr 6, 2017 in Accidents | 0 comments

If it were not for Someone Else’s Negligent Behavior, You would not have been in a Serious Wreck and would not have Sustained Injuries

If something distracts you or catches your attention while you are behind the wheel, causing you to veer your focus on that thing rather than on the road ahead, then something unpleasant may just likely happen.

According to the US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), aside from driving under the influence (DUI) or driving while intoxicated (DWI), there are other forms of dangerous road behavior which continue to compromise the safety of motorists, pedestrians, bicyclists and motorcycle riders. These are reckless driving, overspeeding or driving at a speed that is unsafe due to poor road condition, and distracted driving, which is now major threat on the road too.

Distracted driving takes many different forms, so many of which are very ordinary acts, making drivers fail to realize that they are already being distracted. These include: talking or arguing with a passenger; eating; reaching for an object, like from the back seat of the car, causing a driver to look away from the road as well as take one hand off the wheel; adjusting a car radio or a GPS device; using a laptop; reading a map for directions; playing with a child or a pet; applying make-up; fixing a tie; lighting a cigarette; and so forth. One form of distracted driving that has worsened over the years, though, is cell phone use, whether to text, call someone or answer a call. In fact, cell phone use is identified as the worst and most dangerous form of distracted driving so many drivers are guilty of.

According to the website DISTRACTION.GOV: Official U.S. Government Website for Distracted Driving, the average time that a person takes his/her eyes off the road while texting is five seconds; at 55 miles per hour, a person can also drive through a football field at this same length of time.

Based on National Safety Council records, as many as 1.6 million car crashes, due to cell phone use, occur on U.S. roads and highways annually. These crashes, according to the Centers for Disease Control and Prevention (CDC), translate to 1,153 injuries and 9 deaths every day. But while those guilty of the act of using a cell phone while driving include drivers of all ages, majority of them are found to be young drivers, aged between 17 and 24; these same people confessed to have been texting someone when they crashed.

The Williams Kherkher law firm says, “For a country that relies so heavily on automobiles, our ability to drive safely is quite easily and frequently compromised by various distractions. Drivers who engage in other activities while driving take a portion of the attention they should afford to the road and exhaust it on something else. The effects of distracted driving can be disastrous and result in serious injury or even death.

The state of Texan, according to Benton Law Firm, “has one of the worst records in the country for car accidents. In 2012, there were around 63,000 serious injury crashes in the state, with 87,000 people sustaining serious injuries from these crashes. Large cities such as Dallas, Houston, and Austin have begun “no refusal weekends” as an effort to combat drunk driving crashes. During these weekends, law enforcement officers can pull over suspected drunk drivers and have a magistrate on speed dial who will approve a warrant for a blood test to test the driver’s blood alcohol content level. This has had a tremendous impact at curbing drunk driving accidents during major holiday weekends such as Christmas, New Year’s Eve, Memorial Day, and the Fourth of July.

Speeding, driver distraction, failure to drive in a single lane, driving under the influence, and driving under the speed limit are several of the top contributing factors for serious accidents. If a driver participating in any of these factors caused an accident which resulted in injuries to yourself or family members, you are entitled to receive compensation for your injuries, because if it were not for the driver’s negligent behavior, you would not have been in a serious wreck and would not have sustained injuries.”

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Cerebral Palsy as a Result of Medical Negligence

Posted by on Oct 23, 2016 in Medical Malpractice | 0 comments

Cerebral palsy is a medical condition that affects a person’s movement with significant effect on muscle tone and posture. The Mayo Clinic calls it a “disorder of movement” and notes that the condition is caused by damage to a developing brain, usually before a child is even born. Also referred to as “CP” for short, cerebral palsy is characterized by muscle stiffness, impaired movement due to abnormal reflexes, abnormal posture, and unsteady walking.

There is no easy answer to the question of what causes cerebral palsy. A general response would be to say that CP is caused by damage that stalls the development of the brain and leads to irregularities. A more specific answer can be arrived at by tackling how this damage happens in the first place. The most common causes for disruption in brain development include gene mutations, infections suffered by the infant or the mother if the child is still in utero, fetal strokes, traumatic head injuries, as well as lack of oxygen. Note that except for a possible gene mutation, most of these scenarios can be caused by accidents that can occur during or before childbirth and are preventable with proper medical attention. For example, doctors who fail to treat the infection of an expectant mother, or those who fail to address complications during a mother’s labor and delivery, could have easily prevented possible brain damage had they taken extra care with their patients.

Cerebral palsy is a condition that has a profound and lasting effect on people’s lives. As such, it’s important that we review how infants end up suffering from brain damage that leads to CP to then learn about how we can prevent it from happening. It’s especially important to remember that medical professionals play a huge role in achieving this goal. As noted by RRS Law, negligent doctors who cause injury to the patients in their care should be held accountable for their actions.

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